Edibles Could Be a Significant Issue in Pot Product Liability

December 20, 2016

Cannabis’ danger to mental health isn’t something that has been fully clarified, despite recent moves to legalize in Massachusetts and elsewhere. Studies to determine whether or not it is responsible for psychosis have been inconclusive. Unfortunately, for the family of Richard Kirk, the debate is irrelevant to their personal loss. A lawsuit against a company that sold Mr. Kirk a bite-size marijuana edible alleges that the store failed to warn Mr. Kirk against the potency of the product he was purchasing at a licensed dispensary in Colarado. Mr. Kirk’s criminal defense attorney claims that the paranoia and hallucinations he suffered as a result of eating the pot candy caused him to shoot and kill his wife. Mr. Kirk’s three children have brought a civil lawsuit against the dispensary and the manufacturer of the product.

When Massachusetts makes it legal to sell recreational marijuana (it is currently only legal to use), the state’s ability to use the information out there on THC and marijuana intoxication will be tested when labeling and packaging according to state and industry requirements.

Other product liability issues with marijuana include vaporizing using small batteries that boil the THC and CBD. These vape pens heat cannabinoids, and there are concerns about safety, including whether propylene glycol, the fluid often mixed with cannabinoids in vape pen cartridges, is safe to inhale. In addition to concerns about the effect of burning propylene glycol, it seems that some vape pens are tested to a higher standard than others, so there may also be a risk of burn injuries.

Parker Scheer are top-rated personal injury attorneys who can assist with any product liability query you may have. Please contact us for a free and confidential consultation today.